Mallam. Nuhu
Ribadu is the founding Chairman of the Economic and Financial Crimes
Commission (EFCC). Ribadu was a keynote speaker at a recent workshop on
assets forfeiture and recovery which was organised by the Presidential
Advisory Committee Against Anti-Corruption (PACAC) in Abuja. He spoke
with AMEH EJEKWONYILO on his experience at the EFCC and the government’s
current anti-graft efforts.
What do you make of this workshop on assets forfeiture and recovery being organised by the PACAC?
This is a home
coming for me. Since I got here I have seen people I had not seen in the
last ten years; colleagues, senior brothers, wonderful people that I
had the privilege and honour to work with.
This is the company I always look forward to; not where I am coming from (politics).
I’m happy to be
part of this epoch-making workshop that is most timely and appropriate
given the atmosphere in the country. As far as the fight against
corruption is concerned, it is very thoughtful for the organizers of
this event to bring experts together to brainstorm on important aspect
of the war against corruption with a view to streamlining whatever is
in existence and strengthening what needs to be strengthened.
For me, this
period is an important episode for the anti-graft war being a time that
we have the most vital tool needed in the war, the political will. I
see in the current leadership in our country today, particularly the
President has the will to allow the war to be fought without
interference and the eagerness to support it in whatever way possible.
These two points are pre-requisites in winning the anti-corruption war.
We have to seize
this opportunity by setting up a very serious strategic and focused
direction to secure the future of this work and address the major
impediments once and for all.
What is your
assessment of the anti-corruption in terms of assets forfeiture and
recovery struggle when you were the EFCC and now?
The situation
today is almost similar to the condition that existed when I chaired the
EFCC which enabled us to modestly set a very good foundation that is
still serving the country very well. The decision by PACAC to create a
platform for discussion on assets forfeiture proceedings and management
is very commendable, and assets forfeiture is an integral component of
the anti-corruption war as it serves many purposes within the
anti-graft framework.
First, it serves
as restitution in the sense that what was ill-gotten is returned to the
rightful owners. It also functions as a deterrent to others as those
who illegally enriched themselves get stripped of that wealth overnight
and shamed as accomplice. By the time you take it out, there is nothing
else you can do that will help send a massive message that corruption
does not pay.
Similarly,
through proceeds of final assets forfeiture, government can make extra
money that can be channelled to projects that can enable growth and
development of the state.
As a specialized
element of the anti-corruption process, assets recovery requires
professionals and dedicated people comprising investigators,
prosecutors, managers to handle it jointly for effectiveness and to
drive the maximum benefit. A point therefore has to be made on the
importance of diligent investigation for a successful and fruitful
assets recovery management.
Whatever success
that is made of forfeiture or recovery depends on the thoroughness of
the investigation and diligence of the prosecution and the ability of
investigators to trace whatever is traceable and recoverable. The
success of assets recovery begins with the investigation.
Did you have any previous experience in public service before been enlisted into the Nigerian Police Force and then to the EFCC?
My first
experience in public service was in 1985 in the attempt to address the
problem of corruption. As a young prosecutor; we participated in the
General Buhari/Idiagbon military government’s anti-corruption fight.
And after I joined the police force, we reviewed it and I saw what
happened. I saw how what we recovered then were returned through decrees
to the cronies of the government that ousted Buhari then.
What were some of the obstacles to the successful repatriation of stolen assets to Nigeria during your stay at the EFCC?
The federal
government hired foreign lawyers notably to assist in the identification
and return of stolen public monies in different parts of the world.
This foreign aspect of it was largely handled by the office of the
National Security Adviser (NSA). However, I was partly involved in many
other directions especially with the Swiss authorities which presented
us with some very unique experience at the time. And Nigeria had to
negotiate with the Swiss government on getting our money back; there
condition was that they would want to see the returned money used for
some specific social intervention projects.
However, our
dilemma then was the constitutional requirement that all recovered
monies must be first paid in the federation account. And of course all
spending from the federation account must be budgeted for.
We therefore
involved the United Nations, the World Bank as intercessors to satisfy
this requirement. Eventually, significant amounts were returned into
the country.
I remember when
we started, we got to the United Kingdom; we had some couple of stolen
public funds there. We met with the Prime Minister of UK then, and he
insisted that the only way they would give us the money was that if the
Nigerian government would allow EFCC to make use of the money. Of
course, it was something that I would have loved to have; I was looking
for money. But there was no way because it had to go to the federation
account.
Tony Blair wrote a
personal letter to President Obasanjo then, that the only way they
would give back the money to Nigeria was if the money was going to go to
the EFCC, he (Obasanjo) refused.
So, unless you go
out of your way to fight corruption, it will not be defeated. Most of
the things we did and got results were because we did them by ourselves.
We followed those who stole our money and indeed we won. I have been
to the Federal Bureau of Investigation (FBI) in the US 26 times to
solicit for cooperation in the fight against corruption.
Law enforcement
is the most critical aspect of the anti-graft war; the operators and
linkages helped greatly in handling several cases that had foreign
connections, especially the successful tracing and recovering of assets
of former governors Plateau, Bayelsa, Delta States and couple of
others.
Serious cases
like the Halliburton case was a case that I insisted and went to the
French authorities (they said they couldn’t speak English and I couldn’t
speak French, but insisted that we have to understand each other) and
we ended up taking the case to the US authorities because there was
nothing I could do in Nigeria; a case of powerful foreign companies
coming to Nigeria and bribing government officials and then getting
away with it. It is tragic because from our end, nothing happened. It
was a tragedy that we were kicked out of the EFCC in 2007.
You were so passionate about the Halliburton case; do you think it can still be salvaged?
Yes it can; a lot
has been done already and I believe this government will be able to
take it forward. I gave the example of the Halliburton so that
investigators and people who do the real work would work and others
would make money out of it. And sadly, the public would turn around and
vilify the real people who suffered without anything.
I believe that even now something can be done so that hopefully justice will be served.
You mentioned
about your foray into politics, and now you have moved from the Peoples
Democratice Party (PDP) to the All Progressives Congress (APC). Why
could be responsible for that decision?
I a founding member of the APC; maybe you can say I am going back to my home.
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